The Judicial branch has had a long leash to challenge the other branches. Now Congress wants to check the courts.
That’s why the U.S. Supreme Court Justices raised their eyebrows when they saw what Congress just introduced.
Florida Representative Kat Cammack Proposes Congressional Action Against Activist Judges
On Thursday, Florida Republican Representative Kat Cammack appeared on Fox Business to outline her strategy for addressing what she perceives as overreach by activist judges. Her comments came in the wake of a significant judicial decision earlier this week, when Biden-appointed Judge Ana Reyes blocked President Donald Trump’s executive order banning transgender individuals from serving in the U.S. military. Reyes’ ruling on Tuesday put a temporary halt to the policy’s enforcement, with a final decision still pending.
During her segment on “The Evening Edit,” Cammack argued that Congress must take decisive steps to reassert its authority over the judiciary. She pointed out that the legislative branch has largely ignored its responsibility to monitor the courts, despite having the constitutional power to establish and oversee lower courts as outlined in Article 2 of the Constitution.
“We have abdicated our authority, even though Article 2 clearly delineates that to the Supreme Court in the judiciary. But it was actually Congress that established the inferior courts, the lower courts and everything about them,” Cammack said. “So we have an obligation to conduct oversight. The last time we took action was back in 1911. So we need to step up as members of Congress and make sure that we don’t have these activist judges that are taking over and pushing for a political agenda.”
Cammack went on to champion the Regulations from the Executive In Need of Scrutiny (REINS) Act as a critical tool to address not only judicial overreach but also bureaucratic excess. She described the legislation as a means to shift power back to the American people and away from unelected officials.
“This is why we need the REINS Act. The REINS Act is the biggest, baddest swamp-draining, empower the people bill out there. We need to get this across the finish line so that it’s back to ‘We the people,’ not the bureaucrats, because nothing scares these swamp creatures more than an informed, motivated, educated and engaged electorate,” Cammack said.
Introduced by Cammack in 2023, the REINS Act seeks to enhance congressional oversight by requiring both the House and Senate to approve any new “major rule” proposed by federal agencies before it can take effect. The bill also grants Congress the ability to reject “nonmajor rules” through a joint resolution, aiming to limit executive overreach in federal rulemaking.
Cammack didn’t hold back in her criticism of judges like Reyes, accusing them of engaging in “lawfare”—a term she used to describe the alleged misuse of judicial power to advance partisan goals. She cited statistics to support her claim, noting a pattern in recent judicial decisions.
“Everything that we’re seeing is lawfare. And you heard Press Secretary Leavitt lay it out. Over 60% of the injunctions have been against President Trump. Over 90 of them are from Democrat-appointed judges,” Cammack said. “This is lawfare, pure and simple. And just because you don’t like the outcome of an election doesn’t mean that you can use your power and abuse it for political purposes.”
The ruling by Judge Reyes that sparked Cammack’s remarks relied on a modern twist to make its case. In overturning the Trump administration’s transgender military ban, Reyes quoted the Broadway musical *Hamilton*, asserting that “all people are created equal.” This phrasing, a departure from the Declaration of Independence’s traditional wording, was intended to emphasize inclusivity. Reyes argued that the policy rested on speculation and bias, ultimately issuing a block on its implementation.
The decision drew a sharp response from Defense Secretary Pete Hegseth, who stood by the administration’s stance. Hegseth maintained that stripping away what he called “left-wing social engineering” from the military was necessary to prioritize combat readiness over ideological priorities.
Cammack’s appearance on Fox Business and her push for the REINS Act show a growing effort among some lawmakers to challenge perceived oversteps by both the judiciary and executive agencies. As debates over the balance of power in Washington continue, her proposals could set the stage for a real confrontation between Congress and the courts in the months ahead.
The Federalist Wire will update you on any major updates from Congress on the REINS Act.
